Service dog flap shines light on ADA regulations

OROVILLE — Mary McClasky, a woman in her 70s who suffered a brain injury a few years ago, and Rusty, a small terrier-mix with a local service dog license who accompanies her everywhere, are glad to put a conflict over the dog coming into a business to rest.

McClasky and Rusty inadvertently stepped into the issue of people bringing service dogs and companion dogs into stores, and the accompanying Americans with Disabilities Act implications a couple of weeks ago.

"I feel that I am not the only one this has happened to," McClasky said. "If it's happened to me, it's happened to other people."

McClasky took the dog on a leash with a Butte County Animal Control service dog license identification tag on his collar as usual into Bank of America in Oroville the last week in May.

As they were leaving, branch manager Karen Short approached her telling her dogs are not allowed in the bank.

McClasky replied Rusty is a service dog. Short and McClasky tell different versions of what happened next.

McClasky says Short asked her to leave.

Short denied that, but said she noticed the dog had a long leash and was interacting with people, so she informed McClasky dogs are not allowed in the bank.

Short said she did not see the service dog tag, but in her opinion, service dogs should be wearing a service dog coat and clear identification.

During an interview on Tuesday, McClasky said she checked the sign on the front door of the bank to give the bank's policy of no pets allowed, but the bank allows animals that assist people with disabilities inside.

Short deferred further questions to media spokesperson Colleen Haggerty.

"I don't feel comfortable answering your questions," she said.

McClasky said the confrontation in front of all the customers surprised and upset her, as Rusty is very friendly and never confrontational.

After she fell and suffered a brain injury, McClasky said she needs the dog with her in stores to keep her focused and calm.

"I know some people will laugh, but I know what he does for me," she said.

The dog senses her moods and when a migraine headache is coming on, she said, and gets her attention offering support with a hug or a lick.

The dog eases her anxiety and makes her feel secure in public places, she said. Rusty also guides her to areas inside stores where she usually shops.

Under the ADA, business owners can only ask two questions when someone walks in with an animal: "Is this a service animal?" and "What is it trained to do?"

Butte County Director of Public Health Cathy Raevsky said because of various state and agency regulations and different interpretations of ADA, most local businesses allow dogs in stores unquestioned if the person says it's a service dog.

Animal control issues an assistance dog license to owners of regular licensed dogs and an identification tag with a picture of the dog.

Applicants fill out an application stating the dog is trained to assist the person with disabilities along with a letter from a health care provider.

The dog can be owner-trained.

By signing the application, the person certifies information in the application is true.

Tasks can be to assist with psychological, neurological and emotional issues, Raevsky said.

But Kimberly Conley, of Oroville, called the newspaper on Thursday to complain about so many dogs being allowed in local stores.

Only service dogs, not companion or therapy dogs should be allowed in stores.

Conley objects to dogs sitting in grocery carts where she puts her vegetables and clothes.

Conley said they complained to the Oroville Walmart manager three weeks ago.

McClasky also said she sees abuses such as people setting dogs on the counter at the bank and putting them in shopping carts at stores.

"I do not abuse this," McClasky said. "I don't go to many places because I get confused and I am afraid someone will ask me something I can't answer, but Rusty has so many friends at Food Maxx and Walmart who come up and talk to him that I feel comfortable."

Only one manager from the Oroville and Chico Walmart and Food Maxx stores responded to phone calls.

An assistant manager at Chico Walmart who would only give his first name said the Chico and Oroville Walmarts have the same policy of just asking if it's a service dog.

"Pretty much that's all we can ask, and if they say yes, we allow them in unless they are barking or being disruptive," he said.

McClasky met with Short and B of A management representative John Szabo on Wednesday.

McClasky said Szabo talked to her for an hour about the bank incident. He apologized and gave Rusty a new toy and some dog biscuits.

McClasky believes Szabo is sincere, and it gave her some closure, although the manager did not apologize.

"Now I have to move on," McClasky said after the meeting. "I can't let this keep eating at me."

Media spokesperson Colleen Haggerty responded by email that B of A understands the value of service dogs and welcomes service animals in accordance with ADA.

Staff writer Mary Weston can be reached at 533-4415 or mweston@orovillemr.com.